I-94 & H1B question

[hi_rnt]

Hi,

I am planning to file H1B very soon and might be travelling to US (on B1 Visa), it might happen that I apply for H1B after reaching US in 2-3 days from now so I'll provide the I-94 number in the I-129 form for H1b petition.

I believe that I can apply for H1b while in US, but for the visa stamping I need to come to India.

However, I might have to come back to India after 3-4 weeks for a week and then have to again return to US (on B1 only).

So my question is that if I go to US for the 2nd time (while my H1 application is under process) then whether immigration authoroties will let me enter into US for my second visit (as they will be having my first visit I-94 number in there record for H1b petition)??

Thanks in advance for your help.

[shervin143]

Ask them employer to file the H1B as a Consular process and not as COS. That way, you don't have to give a copy of the I-94 to change the stagus to H1B. Also, you may end-up answering a lot of questions in the future at the consulate or at the POE in case you apply for a change of status from B1/B2 to H1B.